FDV laws are now in effect - Real estate industry bulletin 194
April 15 2019
Family and domestic violence tenancy laws now in effect
Tenancy reforms to assist Western Australian renters affected by family and domestic violence started on 15 April 2019. On Monday afternoon Prevention of Family and Domestic Violence Minister Simone McGurk joined Consumer Protection Commissioner David Hillyard and REIWA President Damian Collins to commemorate this historic event.
The new laws allow a tenant to end their tenancy with as little as 7 days’ notice if they or their dependant are impacted by family and domestic violence, even if the perpetrator is not named on the lease or does not live at the premises. There is no need to go to court and a new Consumer Protection form can be used as evidence to accompany a termination notice.
Helpful resources: new/updated forms and publications
The Safe Tenancy WA website is the central hub for all information, forms and resources related to the FDV legislation.
All pre-existing forms, documentation and webpages affected by the new legislation have been updated on our website. Please ensure that you are working with the latest version of the following documents:
Renting out your property – a lessor’s guide
Renting a home in Western Australia – a tenant’s guide
Minimum levels of security
Residential tenancy agreement Form 1AA
Information for tenant with non-written residential tenancy agreement Form 1AD
Form 19 Notice of proposed entry to premises
*New Court Form 12 Guide (instructions to complete Court Form 12 as a result of FDV situation)
*New Notice of termination of tenant’s interest in residential tenancy agreement on grounds of family violence (Form 2)
*New Consumer Protection family violence report - evidence form
Consumer Protection Form 2 – Notice to former tenant as to disposal of goods has been renumbered to Form CP2 in order to avoid confusion with the new FDV Form 2 - Notice of termination of tenant’s interest in residential tenancy agreement on grounds of family violence.
Are you in or near the Bunbury/Busselton areas?
On April 18 Consumer Protection is hosting public information sessions to outline the FDV related tenancy law changes.
Comprising a presentation and Q&A discussion, the sessions are suitable for landlords, property managers and tenants as well as tenant advocates, financial counsellors, community lawyers, child protection workers, refuge workers and anyone who works for an organisation that provides housing.
It’s easy to save your spot! Ensure you book through eventbrite as space is limited and priority will be given to attendees with tickets. Please share with anyone you feel would like to attend.
Info sessions in other areas
There may be similar Consumer Protection training coming to a location near you! All sessions will require registration through eventbrite, so it’s easy to see what’s coming up.
Simply head to eventbrite and select Browse Events from the menu bar. Type “FDV” in the search field and eventbrite will automatically search for events in your current location. To change the search area, click on the current area name and enter your desired location, for example “Western Australia.”